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KESINGER EX REL. ESTATE OF KESINGER v. HERRINGTON

No. 03-13883.

381 F.3d 1243 (2004)

Darlene M. KESINGER, as Personal Representative of the ESTATE OF Charles Scott KESINGER, and as Mother and Natural Guardian of Charles Branden Kesinger and Chad Scott Kesinger, Surviving Minor Children of the Deceased, Charles Scott Kesinger, Plaintiff, Robin H. Conner, as Personal Representative of the Estate of Charles Scott Kesinger, and as the Attorney Ad Litem of Charles Branden Kesinger and Chad Scott Kesinger, Surviving Minor Children of the Deceased, Charles Scott Kesinger, Plaintiff-Appellee, v. Thomas HERRINGTON, Defendant-Appellant, Nathaniel Glover, Sheriff of the Consolidated City of Jacksonville, Defendant.

United States Court of Appeals, Eleventh Circuit.

August 26, 2004.

Attorney(s) appearing for the Case

T.A. Delegal, III, Delegal Law Offices, P.A., Jacksonville, FL, for Herrington.

Robert L. McLeod, II, Lisa B. Taylor, The McLeod Firm, Pierson, FL, for Conner.

Before TJOFLAT and HILL, Circuit Judges, and MILLS, District Judge.

HILL, Circuit Judge:

In this case the district court denied the individual defendant's motion for summary judgment on the basis that he was not entitled to qualified immunity. For the following reasons, we find that the defendant is entitled to qualified immunity. We reverse the judgment of the district court and remand with instructions that the district court grant the defendant's motion for summary judgment.

I. PROCEDURAL BACKGROUND

The Estate...

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